Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-05-28

inc Courts Define the Conn ts~fomerS
authority Over Suburban Suhdivi,
SiOms.

SiOnss
cirf-rHE BANK OF WASHINGTON TO ENLARGE rrs
BANKING HousE-NEw QUARTERS PcR rHE crS-
IkAL NATIoNAL-soME FEATURES OF THE LIEN LAW.
matter OF considerable interest 70 owners OF
real estate has been before the District courts
recently, and final settlement seems 10 have
oeen reached II was brought TO the attention OF
the court by Daniel r Case through his agent
EDWARD j. Stellwagen, who on March 3 lss7.
| applied for the writ OF mandamus upon the sur
Seyor OF the District, VIM. Forsyth. IL was set
| forth In the petition that Case had presented TO
the surveyor plat OF proposed subdivision OF
certain lots In square 162. The surveyor had GER
tined that the lines OF the proposed subdivision
corresponded with the lines OF the land owned nv
the petitioner, and that the proposed subdivision
was correct and according to the law, but the sur
| veyor refused TO admit the subdivision TO record
| ers- He referred to the order OF April 10 ISSl
issued by the Commissioners, as follows: .sThat
annrnva a ~ p h Q, SUBDIVISIONS must have the
| bia." - '-"''-
AT the hearing upon the petition before the Gen.
era! Term Mr.. Geo. L. Hamilton appeared for the
| peGuoner, ana the attorney for the District Mr.
i haaie lGr tne respondent Judge Cox delivered
under the law applicable to the admission OF sub
divisions TO record In the Office OF the surveyor OF
q al
OF the Revised Statutes relating to the District of
Columbia. the Commissioners had no control
whatever over or right to interfere in the admis-
sion Of subdivisions TO record, and that the sur
veyor alone was charged with the duty OF examin-
ing the piats OF proposed subdivisions and IL upon
examination he should ind that the lots or parcels
| into which any square or lot may be subdiytded
agree In dimensions with the square or lot 50 in
tended to be subdiy1ded. and that the plat OF sub
division contains the true dimensions OF the part
so expressed and is in all particulars correct &c Is
his duty to certify the same under his hand and
SEAL and TO record the same In the plat-book kept
for this purpose; that this duty was purely minis
teria and failure 10 perform IL rendered the sur
veyor subject to the supervision and direction OF
the court In this case the surveyor had failed 10
do his duty, and the excuse offered, namely, the
direction OF the Commissioners, was insufficient;
therefore the writ OF mandamus was ordered to be
| issued directing the surveyor to admit the
plat OF said subdivision at once TO record.
This was done on the 23d of April when
| ward Mr.. Walter s. Hardin presented to the sur
| veyor plat OF a proposed subdivision in square
| 40 which the surveyor examined, approved, and
certified to as being correct but refused TO admit
the subdivision TO record until the Commissioners
first approved the same. The letter OF the sur
order OF the Engineer Commissioner of District OF
| Columbia dated May f. 1887, which requires all
plats OF proposed subdivisions to be submitted to
the commissioners for approval, l shall have to
decline to admit to record parts OF lots 10 and l2
and all Of lot IL, in square 440 until said plats
shall be approved by The Commissioners OF the
District" The order above referred to is as FOL.
| lows:
"The recent decision Of the court in the case Of
case VS.. Forsyth, for mandamuS TO compel record
| for reSubdvlSon, effects the preliminary adjust
ment OF the matter until further legislation can
be procured. Meanwhile there is no necessity for
departing from the procedure hitherto ordered
namely, upon the presentation or proposed SUBJ
division TO the surveyor he shall transmit II TO the
commissioners for examination and approval
Signed VIM Ludlow, Engineer Commissioner"
writ OF mandamus was also applied for In this
an aeS there e WAS no re gu nU1 p
TO the rule issued by the court upon Surveyor For
syth to SHOW cause why writ OF mandamus
should not issue. The court, upon hearing the pc
| lows:
at appearing that the respondent has failed to
make return TO the rule OF the court issued the
9th day or May 1887, directing him TO show cause
why the writ OF mandamuS should not issue as
prayed by the reator and il also appearing TO the
court that the interference OF the Engineer CON-
missioner OF the District OF Columbia with the
duty OF said respondent in regard TO the record OF
subdivisions In the surveyors once OF the District
OF Columbia, is unwarranted and illegal it is on
this 18th day OF May 1887, adJudged that the per
| emptory writ OF mandamus issue as prayed In said
petition directing the respondent, VIM. Forsyth to
forthwith admit TO record the REALTORS proposed
subdivision OF parts OF lots 10 and II and all OF IL,
In square 40, which said proposed subdivision Is
described In and made part OF REALTORS petition"
SALE OF SUBURBAN PROPERTY.
Mrs. Kali has sold portion OF her place adjoin-
ing Kalorama, on the east, to senator Don CAM
eron. The part sold comprises six acres lying be-
tween the Washington Heights subdivision and
the new subdivision OF kalorama. The price paid
Since the work OF extending Massachusetts avenue
has begun the subdivision OF the greater part OF
the land in the vicinity has been made and prices
have advanced very materially.
AsYNDICATE PURCHASE
Mr.. George +. Graham has sold to Messra
Charles c. Glover, Thomas Hyde, Richard H.
GOldsborough, and Others forming q syndicate
for $4l, 800, the farm OF the late Joseph
II. Bradley, known as Chevy Chase. The farm
ntaips nd 1iaZ info v,oS
the Broad Branch and BrOokville roads, north OF
Tenleytown. Fifteen acres OF this farm lie with
gomery County, Md. The purchasers have not an
nounced what disposition they propose to make OF
their property. II is not Thought that the prop
erty will be placed on the market for some time
yet.
THE LIEN Law CRITICISED
A prominent architect OF this city in a talk with
| STAR reporter recently said that he thought the
practical operation OF the lien law had a tendency
to cause considerable loss to innocent parties He
said that. because or the security given by the
law to material men. they were not al all parttcu-
lar to whom they gave credit. The lumber men,
for instance, would sell on credit TO any builder
who had contract for building house. II was
not necessary for them to be assured that the man
would pay his debts and was good for the amount
OF the bill They knew that, IL he did not pay, all
that was necessary for them 10 do was TO lien the
house, which was really the security for the debt.
In this way some men OF no financial standing
were able to secure credit, and with that, OF
course, they were ready 10 make bids for the
erection Of houses. IL they had no Intention
OF paying their bills, OF course they could
underbid an honest contractor who met all
his obligations The owner would be
induced by the low bid to accept it, and as the
work advanced and the payments on the building
became due the owner would hand out his check,
and by the time the house was completed the
owner would have paid out all he had contracted
to pay, and, naturally, he would conclude that he
owned his house. He was liable to find, however,
that his contractor had not paid the lumber man
or the brick man, but had pocketed the money
given him for that purpose. The result would be
that the owner would have to pay twice over for
the same material. OF course, III the owner makes
careful inquiry he is able TO ascertain something
about the character or the contractor, but the
difficulty is said to be that people are sometimes
careless about such matters and they suffer In
consequence. The architect said that the only
remedy when there was any doubt about the con-
tractor was to insist upon a bond OF Sufficient
amount to make the owner good In the event OF
his house being lfened. He said that the mechan-
les, for whose benefit the law was supposed TO have
been enacted, were not benefited, because II a
mechanic was not paid at the end OF every week
the owner and everybody else were likely 10 hear
about IL. But the material could afford to wait
for the money, and for this reason the law was an
actual injury TO many.
ENLARGING BANKING QUARTERS.
The old red brick building at the Intersection OF
street with Louisiana avenue, which has been oc-
cupied for so many years by the Bank OF Washing
ton is one of the most familiar landmarks In that
section or the CITY, IL has stood there while many
changes have gone on all around II, and while the